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HomeMy WebLinkAbout01-5532AMANDA M. SECHLER, Plaintiff KRiS A. SECHLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ; .. : NO. 2001-- ,~,,? CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RiGHT,C; YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim of relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary Room 101, Dauphin County Courthouse, Front and Market Street, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMANDA M. SECHLER, Plaintiff vs. KRIS A. SECHLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-5532 : · IN DIVORCE · CIVIL ACTION - LAW AFFIDAVIT OF CONSENT 1· A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 24, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. after service decree. I consent to the entry of a final decree of divorce of notice of intention to request entry of the I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. unsworn falsification to authorities. §4904 relating to Date: --/ fr'is A. Sechler, Defendant AMANDA M. SECHLER, Plaintiff vs. KRIS A. SECHLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-5532 : : IN DIVORCE : CIVIL ACTION - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE I/NDER S3301(c) OF THE DIVORCE CODR 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Kr'is A Sechl~ Defendant AMANDA M. SECHLER, Plaintiff KRIS A. SECHLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · . NO. 2001- CIVIL ACTION - LAW IN DIVORCE (~OMPI AINT IN DIVORCE ANO NOW, comes the Plaintiff, Amanda M. Sechler, by and through her attorneys, Wix, Wenger & Weidner, and files the within Complaint against the Defendant, averring as follows: 1. Plaintiff is Amanda M. Sechler, an adult individual who currently resides at 560 Lewisberry Road, New Cumberland, Cumberland County, Pennsylvania 17070 Plaintiff has lived at said address since March 2, 2001. 2. Defendant is Kris A. Sechler, an adult individual who currently resides at 613 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. Defendant has lived at such address since August, 1998. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 16, 1999 in Camp Hill, Cumberland County, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America and are not members of the Armed Forces. 6. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken and this action is not collusive. 8. Plaintiff has been advised of the availability of counseling and understands that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce pursuant to Sections 3301 (c) or 3301 (d) of the Divorce Code. Count II - En. uitnhle Dintribution 9. Paragraphs 1 through 8 hereof are incorporated herein by reference. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 3501 of the Divorce Code. 11. Defendant may have owned, prior to the marriage, property, real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which is "marital property." 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint, and portions of said property are in the exclusive control of Defendant. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order of equitable distribution of marital property pursuant to Section 3502 (a) of the Divorce Code. (;ount III- Alimony Pendents Lite. Counsel Fees: Co-~t.~ ~nd E×penses 13. Paragraphs 1 through 12 are incorporated herein by reference. 14. Plaintiff is unable to sustain herself during the pendency of this divorce action. 15. Plaintiff lacks sufficient property to provide for reasonable needs and is unable to sustain herself through appropriate employment in accordance with the standard of living established during the marriage. 16. Plaintiff has employed counsel, but is without sufficient means to pay the necessary and reasonable attorneys' fees for said counsel. 17. Plaintiff may be in need of hiring experts and does not have the funds necessary to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite, temporary counsel fees, costs and expenses and to order such additional sums thereafter as may be deemed necessary and appropriate and, at final hearing, to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. I, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities· Aman~_~Sechle DATED: September ~C~., 2001 WIX, WF_~I~IGER & WEIDNER ph J Dzura 'n, uire · 3F--~ /i~?~). NB°or txh ES4 e5cOnd Street Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiff DATED: September .2~ , 2001 AMANDA M. SECHLER, Plaintiff KRIS A. SECHLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 - 5532 CIVIL ACTION - LAW IN DIVORCE PRAEClPE TO REINSTATE COMPLAINT IN DIVORCE TO THE PROTHONOTARY: Please reinstate the Complaint in Divorce filed in this matter. WIX, W .~GER, Ste~ h J.D~ranir)~squire Atlbt ney I.D. ~f~265~P' "508 North S~:ond Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiff DATED: October 31,2001 AMANDA M. SECHLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001 - 5532 : KRIS A. SECHLER, : Defendant : IN DIVORCE AFFIDAVIT OF SERVICE Stephen J. Dzuranin, Esquire, being duly sworn according to law, deposes and says that he is an attorney at law duly authorized to practice law in the County of Dauphin, Commonwealth of Pennsylvania; that on November 2, 2001, he sent a true and correct copy of Complaint in Divome with attached Praecipe to Reinstate Complaint in Divome, to Defendant, Kris A. Sechler, by Certified Mail, Article No. 7099 3400 0002 2086 9032 postage prepaid, return receipt requested, restricted delivery, to Kris A. Sechler, 613 Erford Road, Camp Hill, PA 17011, the Defendant's last known address, which Complaint in Divome with attached Praecipe to Reinstate Complaint in Divorce were received at said address on November 14, 2001, as evidenced by the return receipt card attached hereto and marked Exhibit A. DATED: November 16, 2001 WiX, WEN,~ER & WE,~Dt ER B~te~3'~n'Y/J D/~ranin,; .~ uire ~oYney I.O~f5265.,~/ J508 North Second ~'treet P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF DAUPHIN : On this, the I~q~L' day of November, 2001, before me, the subscriber, a Notary Public in and for the aforesaid Commonwealth and County, personally appeared Stephen J. Dzuranin, Esquire known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Public My Commission expires: CICI' NOTARIAL SEAL USA M. SITES, NOTARY PUGUC OF HARRISBURG, DAUPHIN COUNTY~ My COMMtSSION E)~IRES APRIL 28, 2005 EXHIBIT 'A' · Complete items 1, 2; and 3. Alao complete It~n 4 if Restricted Delivery is de~ired. · Pflnt your n~,t~e and address on the reverse Io that we ~ ~ the c~,~d to you. · Attach this card to the back of the mailplece, or on the fm~t if space permits. 1. Article Addressed to: $ de#v~y ~.~ cllffeemt from Item 1 ? i"1YI~ Certified Mall [] Express Malt ~1~ [] ~tum ~ ~ i~ol ~; ,~,~ ,~, o.o.,~. / AMANDA M. SECHLER, Plaintiff V. KRIS A. SECHLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 - 5532 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on September 24, 2001 and a Reinstated Complaint was served on the Defendant, who accepted service on November 14, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Amanda M. Sechler, Plaintiff DATE: August ~, 2002 AMANDA M. SECHLER, Plaintiff V, KRIS A. SECHLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 - 5532 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. DATED: August'~, 2002 Am~n~ Mi Sechl~,, Plaintiff AMANDA M. SECHLER, Plaintiff Social Security #182-66-4583 KRIS A. SECHLER, Defendant Social Security #163-52-2434 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5532 CIVIL ACTION - LAW IN DIVORCE PRAEClPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divome decree: 1. Ground for divome: irretrievable breakdown under Section [3301(c) 330!/,d)] of the Divome Code. (Strike out inapplicable section). 2. Date of filing and manner of service of complaint: Complaint in Divorce filed September 24, 2001 and reinstated on November 1,2001 was, served by certified mail upon Defendant on November 14, 2001. Affidavit of Service was filed on November 21,2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by Plaintiff dated August 30, 2002, filed September 6, 2002; by Defendant dated June 17, 2002, filed July 16, 2002. (b)(1) Date of execution of the affidavit required by §3301 (d) if the Divorce Code: N/A; (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: N/A 4. Related claims pending. None. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: September 6, 2002. Date Defendant's Waiver of Notice Divorce was filed with the Prothonotary: July 16, 2002. Respectfully submitted, WIX, WENGER & WEIDNER Date: September ~)., 2002 BY~e~l~n J. D~rar)i , ~squire /Att(~'ney ID ,~'26~ 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiff, Amanda M. Sechler ,SEPARATION AND PROPERTY SETTLRMW. NT AG~m.~.MEN~r THIS AGREEMENT, made this /~ day of ~ by and between KRIS A. SECHLER, hereinafter refe d to as Husband, and AMANDA M. SECHLER, hereinafter referred to as Wife. WITNESSETH: , 2002, WHEREAS, Husband and Wife were lawfully 'married on October 16, 1999; and WHEREAS, certain differences have arisen between the parties as a result of which they separated on March 15, 2001 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonweal'th of Pennsylvania; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Nichole M. Staley O'Gorman, Esquire and Wife by her attorney, Stephen j. Dzuranin, Esquire have come to the agreement, which follows: NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: 1. ~. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Wife's Debt______~s. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all dlaims or demands made against him by reason of debts or obligations incurred by her. 4. Husband's Debts. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by .reason of debts or obligations incurred by him. 5. Outstandinq Joint Debts. The parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreement, except as follows: A. Visa Credit Card - Husband paid balance in full in the amount of $6,742.88; B. Provident Bank car loan #97052588 ($12,523.72 balance as of March 20, 2001); C. Lexus auto loan ($7,747.57 balance as of March, 2001); and D. Washington Mutual mortgage ($91,661.93 balance as of March, 2001). In the event that either party contracted or incurred any debts other than those specifically set forth above, either before or after the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. 6. ~quitable Distribution of Marital ProDerty. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of'each party at the time the division of property is to become effective. The division of eXistin9 marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constitutin9 marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. Distribution of Real Estate. Wife shall transfer to Husband all of her interest in and title to their jointly owned real estate at 613 Erford Road, Camp Hill, Pennsylvania in exchange for which Husband shall be solely responsible for the mortgage obligation, as well as for the payment of all current and future taxes, insurance and utility bills, upkeep and maintenance relative to said real estate. Concurrently with the execution of this Agreement, Wife shall execute a deed transferring her interest to Husband. The deed shall be held in escrow by Husband's counsel, Nichole M. Staley O'Gorman, Esquire, until Husband fulfills his obligation to refinance or release Wife from the mortgage as set forth hereunder. Husband shall indemnify Wife from any loss by reason of his default in the payment thereof, and shall save Wife harmless from'any future liability with regard thereto, including the cost of defense and actual counsel fees incurred to defend against an action brought against him by virtue of his default. Within sixty (60) days after execution of this Agreement, Husband shall refinance the mortgage on said premises or otherwise obtain a release from the mortgage company relieving Wife of all obligation. However, if Wife's recent failure to pay the joint auto loan for the Mercury Cougar has negatively affected Husband's credit such that he would be forced to pay higher interest or more points to obtain a loan, Husband will have up to one (1) year after execution of this Agreement to refinance. In the event that Husband is unable or fails to refinance or obtain a release to relieve Wife of obligation on the mortgage, or if Husband fails to make any payments on the mortgage, taxes or insurance within fifteen (15) days of the date due, Wife may demand that the real estate be sold at a price to be agreed on by the parties. In the event the parties cannot agree on a price, the property shall be listed for sale at one hundred percent of its then current appraised value. The appraisal must be conducted by a licensed appraiser. The proceeds of sale shall be applied first to satisfy the mortgage, taxes, brokers' commissions, appraisal fees and other incidental costs of sale; second, to reimburse Wife for all reasonable, actual expenses incurred to enforce this provisions, including attorneys' fees; and third, all remaining proceeds shall be paid to Husband. Husband may cure his default at any time prior to sale by refinancing or releasing Wife as set forth herein. 7. Vehicles. Notwithstanding Paragraph 6 of this Agreement, Husband shall retain possession and ownership of the 1997 Lexus ES 300 Sedan presently in his possession. Wife hereby transfers all of her right, title and interest in said vehicle to Husband. In consideration thereof, Husband shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Wife harmless for the same. Wife shall sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demand, and further shall indemnify Husband for' any costs, including actual counsel fees, incurred by Husband to enforce this provision. Wife sold the 1999 Mercury Cougar Coupe in her possession post-separation. Wife represents and warrants that she paid the loan balance on this vehicle in full. Wife shall be entitled to retain any proceeds remaining after full payment on the loan. Husband hereby transfers all of his right, title and interest in any subsequently purchased vehicle to Wife. In consideration thereof, Wife shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Husband harmless for the same. Husband shall sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demand, and further shall indemnify Wife for any costs, including actual counsel fees, incurred by Wife to enforce this provision. 8. Equitable Reimbursement. Husband shall pay to Wife, as equitable reimbursement, the sum of $6,000.00. Husband shall pay Wife the sum of $4,000 at the time of execution of this Agreement. The remaining $2,000 shall be paid within 120 days thereafter. 9. Retirement Benefits. Wife had no retirement or deferred compensation benefits at the time of the parties' separation. Husband has a 401(k) with Ahold USA with a date of marriage value of $8,050.75 and a date of separation value of $1~,083.48. Wife relinquishes all right, title and interest she may have in said 401(k) plan and the asset shall become Husband's sole and separate property. 10. Alimony. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of property are fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony, (except as set forth herein). Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony, modification or extension of same, brought by or on behalf of the other and the results of such action, such indemnity to include the actual counsel fees of the defendant in any such future action. 11. Alimony Pendente Lite, Counsel Fees and Expense~;. Husband and Wife acknowledge and agree that the provisions of this 10 Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall be responsible for his or her own counsel fees, and each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony pendente lite, counsel fees and/or expenses. 12. Prior Tax Returns. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party guilty of fraud or intentional misrepresentation shall indemnify and save the other party harmless from such tax liability, penalties, interest, counsel fees, accountant's fees, costs and expenses. Absent such fraud or intentional misrepresentation, the parties shall be equally responsible for and shall pay all such taxes, penalties, interest and expenses. 13. Divorce. A Complaint in Divorce has been filed to No. 11 2001-5532 in the Court of Common Pleas of Dauphin County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 14. Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. All spousal support, alimony pendente lite and other such obligations, shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under Section 3301(c) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However, upon refusal 12 to consent, all distributed property shall be returned to the party originally in possession, until the time of final decree. 15. ~econciliation. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 16. ~elease. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, excep~ any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling, pursuant to Section 3302 of the Divorce Code. 17. Waivers of Claims Aqainst Estates. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all 13 rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. Each further waives any right to inherit or receive property or act as the personal representative of the estate of the other by Will, Codicil, intestacy, or insurance policy, unless such Will, Codicil, or insurance policy (designation of beneficiary) is dated subsequent to the effective date of this Agreement. 18. ~iqhts on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 19. Breach. In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as part of any award or jud~,,ent against the breaching party, all costs, including 14 actual counsel fees paid to his or her attorney. 20. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 21. Additional InstrumentR. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 15 22. ~. In case any provision of this Agreement should be held by a court of competent jurisdiction to be illegal or invalid under, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 23. Entire Aqreement. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502(d) of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered 16 determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any right to seek court relief for the purpose of enforcing the provisions of this Agreement. 24. ~odification and Waiver. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 25. Intent. It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth ~f Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the cour~ shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be 17 construed in accordance with the Laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement and, where such law is inconsistent, the terms of this instrument shall govern. 26. Voluntary Execution. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Nichole M. Staley O'Gorman, Esquire, counsel for Husband and Stephen J. Dzuranin, Esquire, counsel for Wife and ,each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with or are aware of all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. Each party further acknowledges that each has conducted his own independent investigation into the existence of the other's assets and liabilities and is not depending upon any representations made by the other party in agreeing to the terms hereof. 27. Descriptive Headinqs. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 28. Aqreement Bindinq on Heirs. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and 18 assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. ~en J. ~3~rman, Esq. ~u-~a~ K~Is Sechl&~- Amanda Sechler ' 19 Amanda M. Sechler, Plaintiff VERSUS Kris A. Sechler, Defendant IN THE COUrt OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. N o. 2001 5532 DECREE IN DIVORCE AND NOW, DECREED THAT AND Kris A. Amanda M. Sechler Sechler ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT iS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JurIsDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF rECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Separation and Property Settlement Agreement between the parties dated July 15, 2002, a copy of which is attached hereto, is incorporated but not merged into this Decree in Divorce. BY THE COURT: )THONOTARY